190. Bankruptcy Jurisdiction -- Appellate Jurisdiction

a. District courts have appellate authority over dispositive orders and judgments of the bankruptcy court. 28 U.S.C. § 158(a).

i. Final orders, judgments and decrees are appealable as of right;

ii. Interlocutory orders and decrees increasing or reducing the time periods for filing a chapter 11 plan under § 1121 are appeals as of right [added by Section 102 of the Bankruptcy Reform Act of 1994];

Changing prior law which made the creation of bankruptcy appellate panels discretionary with each circuit council (and resulted in the existence of a BAP in only one circuit, the Ninth), the Bankruptcy Reform Act of 1994 directs circuit councils to establish BAPs unless a council finds (i) insufficient judicial resources or (ii) establishment of a BAP would result in undue delay or increased cost to parties. A BAP cannot hear appeals in a district unless a majority of the district judges for that district authorize such service. Once authorized, the BAP, upon consent of the parties, can hear and determine appeals otherwise directed to district court. 28 U.S.C. § 158(b). BAP's exist in the 1st, 6th, 8th, 9th and 10th Circuits. (Note, however, a majority of the judges in a district must authorize use of a BAP; therefore, you must determine whether the circuit and the specific district permits its use [e.g., in the 10th Circuit, cases in the District of Colorado are not appealable to the 10th Circuit BAP]). The DC, 3d, 4th, 5th, and 11th Circuits do not intend to create BAPs at this time. The 7th Circuit has deferred its decision on whether to create a BAP. The 2d Circuit abolished its BAP.

b. Procedure Once authorized in a district, appeals will be heard by a panel of three sitting bankruptcy judges unless (i) the appellant elects when filing the appeal, or (ii) any other party elects within thirty days after service of the notice of appeal, to have the appeal heard by the district court. 28 U.S.C. § 158(c)(1).